Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-09-27

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schedule should be sent to them it would be given
| careful consideration.
MIR. CRANE ACQUlTTED.
PrOceedings In the Police Court To-
day.
JUDGE SMELL HOLDS THAT NO BAD MOTIVE WAS
PROVED By THE PROSECUTION AND LETS Mr.. CRANE
OFF.
The case Of ex-Water Registrar John h. Crane,
who was charged by Inspector Holcombe, OF the
water department., with violating District Ordi-
| nance in removing the top of an air-valve box on
street, not far from the scene OF the late breaks in
the Waterman, at 21st street, was taken up tn
the Police Court to-day. Several inspectors and
other employees Of the water department were In
court long before the was called for trial On
account OF their presence in court an order was
given for suspend1ng the work on the main until
the witnesses, or portion ofthem returned there.
Mr.. Crane entered the courtroom and took q seat
among the witnesses. The case was called to the
attention OF the court by MI. Padgett and Messrs.
DEFENDANT and pleaded mot guilty"
TIE TESTIMONY.
Thomas Fitzgerald, an employe OF the water
department. testified that last Thursday he left
the work at the main with Mr.. Costello. He was
going after drink when he saw Mr.. Crane raise
the top OF the valve box and look in Witness
boxes?r
Mr. Crane made an answer, but witness could
not understand what he said. Witness said there
We're four boxes near 18th and streets, and wit
ness saw the defendant raise the tops OF two of
them. He Tilted them not entirely on the boxes
but held them on one side in almost perpendicu-
Ibid he inJure the box?" asked the court.
'.No, SIR" answered witness.
nan at
ment, testified to seeing the defendant at the
boxes, and superintendent Hayden, OF the water
department, testified that he never gave the de-
icniant permission TO remove the lid OF the valve
box.
"Are you the inspector and tapper?" asked Mr.
Williams.
NO. SIR" answered witness.
Mr.. Williams said that the information charged
the removing OF the lid without permission OF the
inspector and Taper.
SIS there such an Official as inspector and tan
PERI" asked Mr.. Williams.
There Is man detailed as SUCH" answered
witness.
"Wno is he?" asked counsel.
edwin F. Warner answered witness Witness
SAID ne was not plumber; that he was an en-
these xaIyss iDSureS %ass' eSe tudS
mo- SIR" answered witness, they are covered
With an iron box.
THE JUDGE ON THE QUESTION OF MOTIVE.
The Judge said tn at unless the prosecution ex.
pect to show that Mr.. Crane had some bad motive;
'A@e AS NAo ~ AoA oOA32C duu uOt tudG
he did 1t through mere curiosity and replaced it,
ne would not hastily dnd Mr. Crane guilty OF an
onense.
"Thats what the court has to decide" said Mr..
It's for the court to cOnstrue the word remove
They 90 not expect to SHOW, nor do they contend,
tnat MI Crane had any bad motives"
The Judge said he did not think that Mr. Crane
nad removed 1t. The word means to take away; !;
II means that you must take 1t away from where
IT is placed for It's use. II it had been separated
With fraudulent q h,,rtf n
Is simply lifted through curiosity 1t is different.
OBJECT OF THE Law.
Mr. Padgett said that this ordinance was enacted
to prevent persons from raising the lids and to
prevent injury being done to the water works.
The District Is also liable for damages, and II
every citizen has the right to lift these lids, the
District will be subjected to the possibility OF
suit for damages, as the lids might be carelessly
left OF the box and some damage caused thereby.
He thought the only question was whether the
lifting OF the lid inch or six inches constituted
removal, as charged In the Information.
The judge said that II he was forced to decide
me que ,uon ne would decide 1t against the Dis
tr1ct But
TO KEEP SOME FOOL FROM NJURIN0 THE BOXES
he would dispose OF the case by taking the per-
sonal recognizance OF the defendant. In so dis
posing OF the case, he would say that he exon
Grated e., Mr. Crane from all improper intentions in
Mr.. Williams said he would rather have the
court dispose OF the case. Mr.. Williams said that
the testimony show that this law was not In any
manner violated. fhe act described by the wit
simply shows that he lifted up side OF it. The
law, he sad does not punish persons Tor lifting up
one side or the trap but for removing 1t. 1t was
moved but not removed, and therefore there was
no violation OF the ordinance. He said that Mr.
Crane was ready TO explain the matter II the court
was not FULLY satisfied with the testimony.
The Judge said he would be glad to hear Mr.
Crane explain the matter.
Mr.. CRANES STATEMENT
MI. Crane testified that he was water registrar
for the District at one time, and was acquainted
with stop-valves and other boxes. He said that
In the morning he was speaking to Mr.. Larman
MIR. Padgett said he objected to the converse
tion.
The judge said that the conversation was not
testimony, put ne would let MI. Crane tell 1t, in
order that he might explain the matter.
After the conversation with Mr. Larman I'm the
morning, continued the witness, he went out dr1v-
ing with Mr. John McCauey. They were discuss
Ing tne water question, and driving near 18th and
streets, he noticed four boxes In the street. and
he got out OF his buggy to explain them to his
friend. He raised the lid OF one box in the manner
described by the witness Fitzgerald and found It
was stop valve. He lifted q second one In the
same manner when the witness Fitzgerald arrived.
The latter spoke to him about lifting the lid and
he explained TO him why he lifted it He went
away and thought no more OF the matter until the
reporters notaned him that warrant had been IS
Sueo. ne lememOerod when the law, under which
this prosecution was brought, was passed. It was
passed to punish mischievous boys and other per-
sons
Ar. Crane said that he could go out and in 1if.
boxes with no covers on them.
"That ls all the more the reason why this case
should be prosecuted, /" said Mr.. Padgett.
The judge dismissed the case